Author: Haugen Consulting
PRO-FORMA CHARTERPARTY -- DRAFT RESTRICTION OWING TO EARTHQUAKE -- DEADFREIGHT -- DESPATCH FOR EARLY LOADING -- Partial Charterer Award, Partial Owner Award
An earthquake prior to the voyage changed the dimensions of the load port and the local port authority reduced the draft limit. In order to accommodate this change, the Vessel was forced to shortload her cargo and Owner filed a claim for deadfreight. Charterer counterclaimed for despatch for laytime saved by the Vessel in loading prior to laydays.
NYPE -- SPEED AND CONSUMPTION -- VESSEL UNDERPERFORMANCE -- FAIR WEATHER CLAUSE -- VOYAGES ASSESSED INDIVIDUALLY -- Charterer Award
Charterer withheld hire due to Vessel underperformance in two out of the 17 voyages over the course of the time charter. Based upon the express performance warranty including the phrase "all sea passages" and The Didymi principle, the Vessel’s performance was to be measured for each individual voyage, not over the entire charter.
SYNACOMEX -- "REACHABLE ON ARRIVAL" -- BREACH OWING TO ICE -- DETENTION -- WEATHER WORKING DAYS VS. LAYTIME EXCEPTIONS -- Partial Owner Award
Upon arrival at anchorage the Vessel was delayed 11 days due to ice that prevented her from reaching berth. Owner submitted a claim for detention on the basis that Charterer breached the "always accessible" obligation. Within their decision, the Panel outlines what time counts when a Charterer breaches their “reachable upon arrival” obligation in a charter that defines laytime by weather working days. Furthermore, Owner exercised a lien on the cargo and seeks demurrage compensation for a three-day delay at the disport while awaiting Charterer’s payment of the load port detention claim.
CHARTER CONSTRUCTION -- ADDITIONAL PORT NOMINATION -- NO LAYTIME ALLOWED TO OFFSET TIME COUNTING -- Owner Award
While the Vessel was en route to disport, the parties entered into an agreement to call an additional port, allowed allowed within the fixture, wherein the laytime was to run between the Vessel’s arrival at pilot station until dropping outward pilot. Charterer argued that this Clause was to be calculated in conjunction with the laytime allowance provision. Owner contended that this clause was independent of the other charter party laytime clauses.
COA -- CARBOEX SA -- LOUIS DREYFUS COMMODITIES SUISSE SA -- DEMURRAGE -- AMWELSH -- PORT CONGESTION -- STRIKE -- PUERTO DE FERROL -- SPAIN -- SPANISH -- HAULAGE STRIKE -- INDONESIA -- NOTICE OF READINESS -- Charterer Award
Four vessels under a Contract of Affreightment (COA) experienced delays because of port congestion resulting from a strike that had ended prior to arrival. Charterer claimed that this time should be exempted as delays stemming from a strike, while the Owner argued that this exemption was only applicable if the strike had delayed operations after a given vessel had berthed.
GENCON -- DEMURRAGE RATE -- FORCE MAJEURE -- REVERSIBLE LAYTIME -- CHARTER CONSTRUCTION -- Owner Award
At issue is whether the charter party allowed for reversible laytime due to the deletion of the ‘Non-Reversible’ Laytime Clause in a prior charter incorporated basis "logical alterations". Also, Charterer claimed that Force Majeure was in effect at disport due to prior Hurricanes Gustav and Ike which allegedly caused delays in procuring barges.
SHELLVOY 6 -- DEMURRAGE -- DOCUMENT SIGNATURE -- FAILURE TO ISSUE LETTER OF PROTEST -- Charterer Award
After the Vessel loaded her cargo, the terminal representative refused to sign the Statement of Facts. When Owner submitted their demurrage claim after the voyage, the Charterer refuted it on the grounds that the missing signature invalidates the relevant loadport demurrage on the basis that Owner failed to issue a requisite Letter of Protest (LOP).
ASBATANKVOY -- CARGO CONTAMINATION -- TANK SEGREGATION -- COGSA -- MITIGATION -- COMMERCIAL DAMAGES -- Partial Charterer Award
Upon loading the Charterer’s two parcels of premium and regular gasoline, some of the premium was found to be below the Buyer’s required octane rating due to an apparent commingling of the two parcels. The Charterer mitigated their losses by deviating to an additional disport and discharging the unacceptable cargo there to be sold as regular. Charterer claims that the contamination took place on board the Vessel and that they were owed the difference between the Buyer’s price for premium and an average sampling of bulk regular pricing as proper mitigation.
ASBATANKVOY -- VESSEL COLLISION AND DECEPTIVE HANDLING -- DEADFREIGHT -- VETTING REJECTION -- COMMERCIAL DAMAGES -- Charterer Award
Without Charterer’s knowledge, the Vessel had suffered class-affecting damages while operating under a prior charter. As a result, the Vessel was rejected at discharge port by the Receiver’s vetting group and the Charterer was forced to make a distress sale at severe losses. Owner commenced arbitration proceedings to collect deadfreight and demurrage; Charterer counterclaimed for commercial losses.
CRYSTAL AMARANTO -- ASBATANKVOY -- COMMERCIAL DAMAGES -- MASTER'S ROLE -- CONTAMINATION -- CAUSTIC SODA -- FREE MARINE LIMITED -- UNCLEAN BILLS OF LADING -- Owner Award
While loading Charterer’s cargo, the Master noticed signs of potential contamination. Surveyors would later support his findings however they could not ascertain the nature or source of the problem. The Master chose to clause the Bills of Lading to reflect the findings which caused a loss of sale to the Charterer. Owner brought arbitration to recover demurrage for lost time testing the cargo and the Charterer counterclaimed for commercial losses.
